Milestones on the road to inclusion
1970-2002

by Mark Vaughan

1970

The 1970 Education Act Enacted in 1971, this law ended the long-standing practice of a small minority of children being classified as ineducable. The 1970 Act put a stop to the arrangements for 'classifying children suffering from a disability of mind as children unsuitable for education at school'.

It also took away the power of health authorities to provide training for 'children who suffer from a disability of mind,' and from 1971, some 24,000 children from junior training centres and special care units across England, along with 8,000 in 100 hospitals became entitled to education.

This Act was a hugely significant acknowledgement by Parliament towards the last, small, minority of the population who for generation after generation had been denied access to even a basic education. For the first time in UK history, 100% of school-age children were now entitled to an education.

1976

The 1976 Education Act The duty on LEAs to integrate disabled children in ordinary schools in England and Wales contained in this Act was never implemented. If it had been, disabled children were to be educated in ordinary schools, except where it was impracticable, incompatible with the efficient instruction in the schools, or if it involved unreasonable public expenditure.

1978

The Warnock Report on special education in England, Scotland and Wales This 1978 report was the biggest ever investigation into special education in these countries and put the issue of integration of disabled children in ordinary schools onto a national agenda for the first time. However, Warnock did not take a human rights approach, saying instead that integration was good for some children and not for others. The report envisaged some disabled children would always attend special school.

The landmark report is also famous for giving weight - not before time - to the importance of parental views of their disabled children. The report created a turning point in public and professional opinion, saying parents of disabled children had vital information about their offspring that must be incorporated and used in the assessment, placement and educational process.

1981

The 1981 Education Act This law brought in the first duty on LEAs to educate disabled children in mainstream schools, taking account of parents' wishes and establishing three conditions that were to be met before it could happen. These conditions were:

• the disabled child can be educated in the ordinary school
• other children's education will not be adversely affected, and
• there is an efficient use of resources.

The Act came into force in April 1983 and prompted substantial changes, discussion, resistance and enthusiasm as the nation got to grips with a completely new educational philosophy and practices.

As well as formally introducing 'integration' to the education system, the 1981 Act brought in a controversial, lengthy and bureaucratic assessment and statement procedure. The new law prompted a tentative movement of some disabled children and young people from the special school sector to mainstream, but this was up against enormous professional and administrative resistance. In addition, the appeal process used by parents when they disagreed with their LEAs or the Government, quickly became a discredited process in need of reform.

1989

The 1989 United Nations Convention on the Rights of the Child The rights of disabled children to be educated in the mainstream were spelled out in this international document of world standing for the first time. Article 23 of the Convention calls for a child to be educated in a way that will allow him or her to achieve the 'fullest possible social integration and individual development'. The UN Committee on the Rights of the Child has since interpreted this as a goal for inclusion for all children.

Article 2 says that all rights in the Convention shall apply to all children without discrimination - and it specifically mentions disability. Articles 3, 6, 12, 28 and 29 in the Convention give further support to inclusive education for all disabled children. The UK ratified the Convention in 1991, thereby accepting responsibility for the obligations in it.

1992

The Audit Commission and Her Majesty's Inspectorate report on special needs provision. In 1992 these two Government bodies issued a damning indictment on educational provision for pupils with 'special educational needs' in England and Wales. Their national investigation on this area of education was the first since implementation of the 1981 Act in 1983 and found 'serious deficiencies in the way in which children with special needs are identified and provided for'. For example:

• LEAs took much too long to complete the assessments and statements, thus devaluing the process.
• Statements were far too vague, deliberately so, according to some LEAs.
• Specific levels of provision for pupils could not be guaranteed by LEAs or schools.
• There was a lack of clarity, nationally, as to what constituted 'special educational need'.
• There was no clear accountability by schools and LEAs of progress made by pupils.
• When LEAs moved pupils from special to ordinary school, resources did not follow the child - an estimated £53m was wrongly held back by special schools in 1991.
• There was a lack of incentives for LEAs to implement the 1981 Act.
• Annual reviews and inspection procedures were seriously weak and unprofessional.

1993

The 1993 Education Act It took more than 10 years until the arrival of the 1993 Act (implemented in September 1994) before this amending legislation tidied up the 1981 Act and gave a better appeal process for parents with the arrival of the Special Educational Needs Tribunal. This was a step in the right direction which took appeals out of the virtual control of LEAs. Time lines were brought in which demanded more rigorous responses from LEAs with regard to the procedures.

The central duty to integrate was maintained in the 1993 Act, but the duty was now further qualified by the new phrase ' … unless that is incompatible with the wishes of his parent'. The three earlier conditions from the 1981 Act limiting progress with integration and inclusion, remained in force.

The 1993 UN Standard Rules on the Equalisation of Opportunities for Persons with Disabilities This document from the UN set an international standard for policy making and action covering disabled children and adults. Its chapter on education gave qualified support for inclusive education saying countries should recognise the principle of equal educational opportunities in integrated settings for disabled children; they should also ensure the education of disabled people is an integral part of the wider educational system.

1994

The UNESCO Salamanca Statement This seminal document from the UN's education agency called on the international community to endorse an approach of inclusive schools by implementing philosophical, practical and strategic changes. 92 Governments and 25 international organisations agreed a dynamic new Statement in 1994 calling for inclusive education to be the norm and adopted a Framework for Action which said ordinary schools should include all children. The Salamanca Statement proclaimed:

'Regular schools with this inclusive orientation are the most effective means of combating discriminatory attitudes, creating welcoming communities, building an inclusive society and achieving education for all; moreover, they provide an effective education to the majority of children and improve the efficiency and ultimately the cost-effectiveness of the entire education system.'

1995

The Disability Discrimination Act This new law omitted access to education, prompting a growing debate about the Government's continuing tolerance of discrimination against disabled children and young people.

1996

The 1996 Education Act This law repeated the qualified integration duties of the 1993 Act and consolidated a mass of other education legislation in one major, new Act.

1997

Excellence for all children: meeting special educational needs Four months after sweeping to power, the new Labour Government published this far-seeing Green Paper on special education and gave major support for all mainstream schools to become much more inclusive. It opened with ' … Where all children are included as equal partners in the school community, the benefits are felt by all … we are committed to comprehensive and enforceable civil rights for disabled people'. It prompted a high level, national debate and appeared to herald a new dawn with its heavyweight support for inclusive education.

1998

Human Rights Act 1998 This legislation incorporated in domestic law the European Convention for the Protection of Human Rights and Fundamental Freedoms. Article 2 of the First Protocol states that 'no child shall be denied the right to education'.

Meeting special educational needs: a programme of action This 1998 White Paper laid down the Government's plans on how special education was going to develop, following a year of consultation on the 1997 Green Paper. The enthusiasm shown for inclusion in the Green Paper was watered down; the 1998 White Paper adopted a split approach of backing greater inclusion as well as developing the role of special schools, thus sending mixed messages out to the education world.

However, much needed increases in funding to support the development of inclusive education started to come from central Government. Largely speaking, this approach has remained as the anchor of Government policy on 'special educational needs' - develop inclusion and increase funding for it, but also keep special schools for a small minority of children, for ever.

1999

Disability Rights Task Force The report From Exclusion to Inclusion on civil rights for disabled people in all areas of life highlighted the need for the Disability Discrimination Act 1995 to be extended to education.

2000

Index for inclusion: developing learning and participation in schools, a set of materials, written by Tony Booth and Mel Ainscow, to help support the inclusive development of mainstream schools was published by CSIE and placed by the Government in every school and LEA in England. Through the investigation of its cultures, policies and practices the school uses a cycle of activities to help break down barriers to learning and participation for 100% of students.

2001

United Nations General Comment No. 1 on the Convention on the Rights of the Child This Comment again drew attention to the pervasive discrimination against disabled children which it said 'offends the human dignity of the child'.

Building Bulletin 94: Inclusive school design. Department for Education and Employment This report calls for a radical and inclusive approach to school building design, raising for much-needed wider discussion, the effect of the built environment on inclusion/exclusion of children and young people.

The Special Educational Needs and Disability Act 2001 (SENDA) Part 1 This law strengthened the right to mainstream schools for disabled children by repealing two of the provisos in the 1996 Act. Two conditions (still limiting progress with inclusive education) are left on the statute book; a disabled child can only go to the mainstream provided:

• it is compatible with the parent's wishes, and
• there is an efficient education of other children.

SENDA 2001 also brought in new duties on LEAs to make arrangements for resolving disagreements parents might have with schools or LEAs, without affecting parents' right of appeal to the Tribunal. The Tribunal appeals were also tightened up by the Act, including bringing in time limits on the implementation of decisions.

SENDA Part 2, amending the 1995 Disability Discrimination Act, came into force in September 2002 and covered access to education for students and prospective students. It makes it unlawful for schools to discriminate against a disabled person in admission arrangements, provision of education and associated services, or exclusions. LEAs must also plan to increase accessibility for disabled pupils in terms of curriculum, the physical environment and information.

Inclusive Schooling. Children with Special Educational Needs This new Statutory Guidance on Inclusive Schooling from the Department for Education and Skills (DfES) is associated with the 2001 Act. It gives a clear and strong message to LEAs, schools and other bodies that the development of inclusion in schools is one of the Government's highest agendas. The Guidance establishes seven 'principles of an inclusive education service'. Two of these principles are taken directly from CSIE's Index for Inclusion:

• 'Inclusion is a process by which schools, local education authorities and others develop their cultures, policies and practices to include pupils.'
• 'Schools, local education authorities and others should actively seek to remove barriers to learning and participation.'

The Statutory Guidance goes on to say:

'An inclusive ethos. Schools and local education authorities can use tools like the CSIE's Index for Inclusion to identify and remove the barriers to learning and participation. Schools that have adopted this sort of approach have seen standards rise for all of their pupils.'